
Question from a landlord:
Hi Nikki,
A tenant recently Whatsapped me advising she had mould in her bedroom. Being away at the time, I suggested she moved any furniture way from walls, heated, ventilated and used mould killer where appropriate, and I would inspect on my return.
Her mother came to me shortly afterwards, demanding rent back for the period the property has been – in her opinion – “unfit for human habitation” or she would whistle blow to everyone she could find.
Immediately on my return, I inspected the room to find it in a filthy state with furniture moved against exterior walls. I deep cleaned it, treated the mould and repainted the affected walls with anti-fugal paint.
Since then, I’ve received an Informal Improvement Notice from the Council (attached), which states there’s damp in a couple of bedrooms and a broken extractor fan in a bathroom. I’ve already had a contractor deal with these. The damp was being caused by cracking to external render.
My question is: do I need to return rent for this alleged “unfit” period?
Thanks in advance for your opinion,
Dale.
Hi Dale,
Thanks for your message – they sound like just the type of messages you want when on holiday (!).
I always find it helps to take the emotion out of it and stick to the facts – what the law says, what the contract says, and what you’ve done in response. That’s usually the quickest route to calm waters.
Here’s how I’d look at it:
“The landlord must ensure the dwelling is fit for human habitation at all times. The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 prescribes the matters and circumstances to which regard must be had when determining whether the dwelling is fit for human habitation. Many of the matters and circumstances are subjective, particularly as the Regulations are in their infancy. It is expected that you and the landlord will be able to deem whether the dwelling is fit for habitation, but where there is a dispute, it will be determined by the courts. Where all or part the dwelling is deemed unfit for human habitation by agreement between you and the landlord or by the courts, you are not required to pay the equivalent sum of rent for the portion of the dwelling that is deemed unfit. The courts have published a Protocol which they expect prospective parties in a housing disrepair claim to follow prior to the start of proceedings. If a claim proceeds to litigation, the court will expect all parties to have complied with the Protocol as far as possible. The court has the power to order parties who have unreasonably failed to comply with the Protocol to pay costs or to be subject to other sanctions.”
When speaking to the tenant and her mum, I’d make it clear that you fully accept your legal duty to keep the property fit for human habitation, as per the Written Statement and Part 4, Chapter 2, Section 91(1) of The Renting Homes (Wales) Act 2016. Quoting that shows you’ve done your homework and take your responsibilities seriously. But I’d also be clear that no-one – including the Council – has actually deemed the property unfit.
You’ve done the right thing, Dale – responded quickly, fixed the problems, and stayed calm despite the noise. If they want to take it further, they’ll have to go through the proper channels, but you haven’t got anything to worry about in my opinion.
All the best,
Nik.
Got a lettings question on your mind? Fire it my way. I’ll always reply privately, and I pick one each week to feature here – always anonymously.
Cheers,
Nik
Director of Operations
CPS Homes
P.S. and a slight disclaimer: this isn’t legal advice – it’s just an honest, considered, best-of-my-knowledge answer.
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.